Monday, September 16 2019 16:59
Alexandr Avanesov

Armenian Prime Minister shares  concern of  Speaker of  Parliament on  situation around Constitutional Court

Armenian Prime Minister shares  concern of  Speaker of  Parliament on  situation around Constitutional Court

ArmInfo. Armenian Prime  Minister Nikol Pashinyan shares the concerns of Speaker of the  Parliament Ararat Mirzoyan on the situation around the Constitutional  Court.

Speaking at a press conference in Vanadzor on September 16, the head  of government emphasized that the Constitutional Court is a co-author  of all the troubles of Armenia, starting with the falsification of  the election results since 1996 and ending with the decision adopted  on September 4. At the same time, Nikol Pashinyan does not believe  that the speaker's assessments are political. The head of government  stressed that many lawyers are inclined to consider the September 4  decision made by the Constitutional Court illegal. "Everyone knows  why this decision was made, who is the head of the Constitutional  Court, through whom he took this position, and whose interests he is  called upon to serve," Nikol Pashinyan said. He added that the two  judges of the Constitutional Court are directly related to events 1-2  March 2008, and it is not clear why they did not submit a recusal in  the course of the proceedings. "One thing is clear: the  Constitutional Court will no longer act against the interests of the  people," the head of the Armenian government said.

Earlier today, speaking at a meeting of the National Assembly of the  Republic of Armenia, Parliament Speaker Ararat Mirzoyan stated that  the National Assembly of Armenia, within the framework of its powers,  should express its position on the situation around the  Constitutional Court of the Republic of Armenia. According to him,  the appeals of the Constitutional Court to the Venice Commission and  the European Court of Human Rights, adopted on the basis of a  statement by Robert Kocharyan, cause concern. "Considering the  situation that has arisen in and around the Constitutional Court of  the Republic of Armenia, I share the public's concern about this,"  the speaker said, pointing primarily to the decisions of the  Constitutional Court of September 4. According to Ararat Mirzoyan,  when considering the case on the basis of the statement of Robert  Kocharyan and making his decision, the Constitutional Court did not  make this issue a subject of proper discussion. Moreover, he  rejected, without justifiable reason, a statement by a judge of the  Constitutional Court that it was impossible for three members of the  Constitutional Court to participate in the consideration of the case,  which indicates a clear bias against the applicant, thereby casting  doubt on ensuring an impartial court.

To recall, on September 4 the Constitutional Court of Armenia upheld  Robert Kocharyan's defense claim - Article 35 of the RA Criminal Code  is recognized as unconstitutional and unlawful, since it does not  provide for the functional inviolability  of officials who are  specially protected by the Constitution,  including circumstances  that exclude criminal proceedings or criminal  prosecution.  "This  article is found to be contrary to clause 4 of part 1 of  article 27,  part 1 of article 61, part 1 of article 63, articles 75  of the  Constitution," the Constitutional Court stated.  On the second appeal  of Kocharyan's defense on the review of  compliance with the  Constitution of Part 2 of Article 135 of the  Criminal Procedure Code  of the Republic of Armenia, the  Constitutional Court recognized it  as complying with the country's  main law.  Thus, the Constitutional  Court ruled that the verdicts adopted today,  in accordance with part  2 of Article 179 of the Constitution, are  final and come into force  from the moment they are published.

It should be noted that Robert Kocharyan was arrested on charges of   overthrowing the constitutional order. 

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